Nik Nazmi to be charged again despite Court of Appeal acquittal

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(Malay Mail Online) – Selangor legislative assembly deputy Speaker Nik Nazmi Nik Ahmad, who was acquitted by the Court of Appeal ten days ago, is expected to be charged with the same offence tomorrow.

Nik Nazmi, also Seri Setia assemblyman, was charged under Section 9(1) of the PAA on May 17 last year for failing to notify police 10 days prior to the Blackout 505 rally at the Kelana Jaya Stadium on May 8. He was acquitted by the Court of Appeal on April 25.

The police called to inform the Nik Nazmi that he would be “recharged” under Section 9(5) of the Peaceful Assembly Act (PAA) 2012 tomorrow, his lawyer Latheefa Koya told Malay Mail Online.

“It’s outrageous and it doesn’t make any sense when the Court of Appeal had ruled that the provision (he was charged under) is unconstitutional,” Latheefa said.

The appellate court, in a unanimous judgement, ruled it unconstitutional to criminalise spontaneous public assemblies in breach of the 10-day notice required under Section 9 (1) of the legislation.

ASP Lim from the Petaling Jaya district police headquarters told Malay Mail Online that he is not at liberty to release information regarding the matter.

The three-person bench said that Section 9 (5) of the PAA ― which imposes a maximum RM10,000 fine for non-compliance ― ran counter to the Federal Constitution and must be struck out.